PHOENIX INSURANCE COMPANY; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA; ST. PAUL SURPLUS LINES INSURANCE COMPANY v. WEHR CONSTRUCTORS, INC. - Articles

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PHOENIX INSURANCE COMPANY; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA; ST. PAUL SURPLUS LINES INSURANCE COMPANY v. WEHR CONSTRUCTORS, INC.

Posted by: Azya Thornton on Apr 18, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Mark A. Boyle, BOYLE, LEONARD & ANDERSON, P.A., Fort Myers, Florida, for Appellant.

Attorneys 2: ARGUED: Michael D. Risley, STITES & HARBISON, PLLC, Louisville, Kentucky, for Appellees.

Attorneys 3: ON BRIEF: Mark A. Boyle, Thomas E. Shepard, BOYLE, LEONARD & ANDERSON, P.A., Fort Myers, Florida, for Appellant.

Attorneys 4: ON BRIEF: Michael D. Risley, STITES & HARBISON, PLLC, Louisville, Kentucky, for Appellees.

Judge(s): GILMAN, STRANCH, and LARSEN, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Kentucky at Ashland

RONALD LEE GILMAN, Circuit Judge. Wehr Constructors, Inc. (Wehr) breached an agreement to build an addition to the St. Claire Medical Center (St. Claire) in Morehead, Kentucky. In response, St. Claire sued Travelers Casualty and Surety Company (Travelers Surety), Wehr’s performance-bond carrier, and Travelers Surety in turn brought in Wehr as a party to the litigation. Wehr appeals the district court’s ruling that none of Wehr’s three insurers (Phoenix, St. Paul, and Travelers Property) had a duty to defend Wehr in that lawsuit. For the reasons set forth below, we AFFIRM the district court’s decision regarding St. Paul, but REVERSE its decision regarding Phoenix, VACATE its decision regarding Travelers Property, and REMAND for further proceedings as to these latter two insurers.

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